Monday, January 25, 2016

The battle of incompetence Law Societies versus Colleges of Surgeons and Physicians?

Good Day Readers:

The recently aired CBC's Fifth Estate Doctors Without Boundaries narrated by Bob McKeown raised some troubling legal issues for CyberSmokeBlog far beyond the professional misconduct of the three physicians profiled.

In the convoluted case of now former psychiatrist Stanley Dobrowolski that spanned more than 25-years you are told at one point a former patient and her husband approached the Ontario College of Physicians and Surgeons only to find no action was taken. They then went to the London Police Service but because they lacked hardcore physical evidence there was little the police could do. The LPS did contact the OCP&S at the time but were given a pat on the head and sent on their way - the bum's rush. The police were told The College was indeed aware of Stanley Dobrowolski and remedial action is and would be taken.

And there it stood, that is, until fate intervened. Out of the blue the London Police Service received an anonymous tip the home-based office of Dr. Dobrowolski had been raided by what was termed in the documentary as "investigators" and "authorities." When confronted by police a second time only then did The College "willingly" turn over the tons of documentation that had been in its possession presumably for a long time.

So CSB e-mailed host Bob McKeown with these questions and is awaiting his response. Any reply received will be shared with viewers.

1. Since Dr. Dobrowolski's basement office was raided by authorities would not a court ordered search and seizure warrant have been required unless, of course, The College has special powers allowing it to circumvent this procedure?

2. Assuming a search warrant had been secured, wouldn't the London Police Service automatically have been alerted so when it initially contacted the OCP&S it could have rightfully demanded to see any and all evidence seized?

3. Is what you have here not a deliberate attempt to knowingly circumvent a police investigation in progress? Is this not a violation of the criminal code? Were any charges ever brought against the OCP&S? Did the College's initial actions not constitute an obstruction of Justice?

Clare L. Pieuk

Doctors Without Boundaries

When doctors are accused of crossing ethical or legal boundaries with their female patients, why does it sometimes take so long for authorities to act - if indeed they act at all? And what does it take for a doctor to lose the right to practice medicine in Canada? Bob McKeown investigates doctors who faced discipline by provincial colleges of Physicians and Surgeons. Did those bodies adequately protect patients?


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